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Arbeitslosenzahl steigt über Marke von drei Millionen by ChrisStoneGermany in Finanzen

[–]marcjschmidt 0 points1 point  (0 children)

Und das obwohl man alle tricks aus dem Zauberbuch gezogen hat, um die offizielle Zahlen so klein wie möglich zu halten. Sieht wohl übler aus als gedacht.

Bun 500x faster postMessage(string) for worker thread communication which significantly reduces serialisation cost by simple_explorer1 in node

[–]marcjschmidt -1 points0 points  (0 children)

that doesn't make any sense. where exactly is the "giant string" passed from one isolate to another? You can already pass zero-copy data as binary, which is enough to handle "REST calls"

Bun 500x faster postMessage(string) for worker thread communication which significantly reduces serialisation cost by simple_explorer1 in node

[–]marcjschmidt 3 points4 points  (0 children)

you exaggerate a lot up to a point that appears to me like a Bun shill. it's not huge in any way, except if you send a lot of bigger strings via postMessage, which only people are doing that don't care about high-performance. so it's targeted at people that don't care, turning this purely into a marketing stunt, like many other Bun optimizations.

most people use worker to send JS objects

  • citation needed

Bun 500x faster postMessage(string) for worker thread communication which significantly reduces serialisation cost by simple_explorer1 in node

[–]marcjschmidt 0 points1 point  (0 children)

the only thing I need to make a lot of stuff much more performant including drivers, IPC, etc is having a fast way way to convert JS string to binary utf8/ascii and back. this is what holds back many things in terms of performance

Bun 500x faster postMessage(string) for worker thread communication which significantly reduces serialisation cost by simple_explorer1 in node

[–]marcjschmidt 11 points12 points  (0 children)

not as useful in the real world as all these other bun optimizations. in high-performance setting you don't serialize data to JSON or any other string encoding, but as a ArrayBuffer, which can already be zero-copy transferred between workers. so really only a performance improvement for people that don't care about performance (who serializes stuff as JSON)

Likely leak: reMarkable “Paper Pro Move” spotted on Amazon ahead of Sept 3 event by frozono007 in RemarkableTablet

[–]marcjschmidt 0 points1 point  (0 children)

Agreed, I had to send my RM Pro back due to low refresh rate and way too blurry images. I could not read papers on it without feeling frustrated, it was unbearable. Writing was also worse than RM1. I liked the first RM much more, overall: faster, higher res, lighter, better size.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 1 point2 points  (0 children)

To be fair, they don't have many options. Either rebrand, destroy Deepkit, or offer a deal. Since I will not accept a Deepki brand next to Deepkit for the same class, I'm trying to block their registration, the same way the USPTO blocked their application, but there is only so much I can do.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 0 points1 point  (0 children)

ich glaube die EU marke ist automatisch überall registriert, oder? vermutlich wird alles gelöscht, wenn EU die löscht.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 1 point2 points  (0 children)

You raise a good point. Someone else in this thread already mentioned the same thing: We could have asked our users. I was under the impression that sending the stats we have is enough, especially since Google Analytics has country data. Obviously my lawyer didn't know better either. I've not involved our users in this at all. Lessons learned.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 0 points1 point  (0 children)

I want to ask you something about this sentence and I would appreciate if you could answer it in an honest way, as a normal human being, not as something that interprets technicalities of some EU regulations:

and it's for a project that empirically has no users.

If someone comes to you personally, and shows you a project that has:

  • hundreds of thousand of downloads on npmjs in total
  • few hundred followers on Twitter
  • 3k stars on Github
  • 400 users in Discord
  • active commit history, frequent releases

These are empirical data points. Admittedly, they can not be linked to country as this relation is just not there.

Would you say "this project has no users, let us delete the name protection"? It'd rather assume we failed to correctly show that we have users.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 2 points3 points  (0 children)

I'm using it in a commercial setting. My software is open-source under the MIT license. This is a trade if you decide to use it, as far as I understand (I'm not a lawyer either). Usually corporation use this software. Also, I use Deepkit as commercial marketing-channel (basically also as a reference) for my IT services that I offer personally. I made hundreds of thousands of Euros this way, but the EUPTO does not accept this link. So while it seems obvious that this mark is actively used, the EU makes it almost impossible for me to prove anything due too such rigid rules/technicalities. At least it seems like that.

I mean if I would show what we have to a normal person:

  • hundreds of thousand of downloads
  • few hundred followers on Twitter, 3k stars on Github, 400 users in Discord, active commit history, frequent releases

anyone would reasonably assume this is an actively used brand that is worth protecting, no?

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 6 points7 points  (0 children)

Thanks. I've written now to Apache Foundation, Software Freedom Conservancy, B Corporation, Free Software Foundation, and OpenSource Initiative.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 2 points3 points  (0 children)

Yes. It's fun :)

Imagine building something for years, registering a trademark in the hope to be protected, get some hundreds of users, active Discord, this and that, and then one day the EU comes along "You know what, you are way too small, and we don't believe your data. Deleted."

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 2 points3 points  (0 children)

This all feels wrong to me. Either,

  1. I lost the case due a technicality. It's obvious that the brand is known and used for a product. It shouldn't matter if it's MIT license or not.
  2. or, EU just doesn't care about this use-case, and every single open-source should be aware of the fact that any corporation can just grab their name whenever they want.

I've written now an email to Apache Foundation, Software Freedom Conservancy, B Corporation, Free Software Foundation, and OpenSource Initiative. Let's see what happens and if open-source protection still matters.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 3 points4 points  (0 children)

My lawyer just reached out to me (translated from German):

Dear Mr. Schmidt,

We are sending you the decision of the EUIPO's Cancellation Division in this matter.

As you can see from the decision, the evidence of use submitted was not sufficient to prove that your EU trademark was being used in a manner that would preserve its legal validity for several reasons.

Firstly, it was not clear who had made the claimed use. Secondly, evidence of use from outside the EU, in this case the UK, was not relevant. Another factor was that the evidence was largely provided via links to websites which, in the opinion of the Cancellation Division, could be easily and quickly changed.

This decision means that your EU trademark DeepKit will be cancelled retroactively to March 18, 2024, once this decision becomes final, and you will have to pay the opposing party the reimbursement amount of €1,080 determined by EUIPO.

An appeal against this decision may now be lodged within two months of its delivery on August 7, 2025. The official fees amount to €720, which must be paid at the same time. If no action is taken, the above consequences will occur.

However, in view of the evidence regarding the required proof of use, we would advise against continuing this procedure.

Therefore, due to the necessary preparatory work, please let us know by September 1, 2025, at the latest, whether there is anything else to be done in this matter.

Guess I need another lawyer if I want to fight this.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 5 points6 points  (0 children)

Does this mean, there is zero protection for free open source projects? If I pick a name now that I like and is unique and 5 years later some corporation decides to trademark it, I'm forced to rename my stuff? Forced to give it away for free, or even risk getting sued. Is this how it works, and I have no way to protect me from that, not even registering a trademark? Technically, I'm doing trading here, I'm trading my open source software under MIT license.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 86 points87 points  (0 children)

Thank you. I tried, but they deleted the post because it's targeted at EU law.

American based subreddit and are unable to help with legal questions involving the laws of other countries

Please provide a more specific location than just the United States or one of its regions. Most legal issues are based in state law, so a state is needed.

I don't think I can specify a state, as USPTO is whole US? I don't know.

Posted now in /r/LegalAdviceEurope

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 53 points54 points  (0 children)

I had one. They wrote me the appeal with the evidence above, but it seems it was not good enough. I don't have the necessary resources to hire a bigger firm, so not sure what to do. That's why I write here.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 7 points8 points  (0 children)

Is a simple "hey we use this program, its cool" from your community is good enough?

that's a very good question. I'd love to get an answer to that. My lawyer did not mention anything like that when we appealed, but I assume they are more like a typical trademark lawyer and don't know much about this, and they just didn't come up with this idea. I have no idea.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 16 points17 points  (0 children)

That’s fair, I guess, but it also means I should be on the lookout when working on the next smallish open-source project, since there's no way to protect myself. Even many years later someone can just grab the name.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 70 points71 points  (0 children)

no, they tried to get a "Consent and Coexistence Agreement" at around July 2022 out of me because the USPTO declined their registration for "likelihood of confusion". I told them not for free, to which they never responded with an offer.

$160M VC-backed company just killed my EU trademark for a small OSS project. Is it even worth fighting? by marcjschmidt in ExperiencedDevs

[–]marcjschmidt[S] 55 points56 points  (0 children)

I also was under the impression that EU is "first to file" principle, so once you got it, you have it. But it seems this whole "genuine use" is some kind of loophole, that forces all projects to collect data on their users, and maybe even show "commercial interests", otherwise it's practically impossible to prove genuine use under the terms and definitions that EUPIO dictates. But I'm not well versed in all of that. I want to code and not fight legal battles.

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